Banwari Lal and Another v. State of U.P. and 6 Others

Court No. - 49

Case :- WRIT - B No. - 325 of 2025

Petitioner :- Banwari Lal And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Karuna Srivastava,Rati Bhan Singh,Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Tyagi

Hon'ble J.J. Munir,J.

It is argued by the learned counsel for the petitioners that the Deputy Director of Consolidation, Agra has not decided in accordance with the directions carried in our judgment and order dated 12.03.2024 passed in Writ-B No.1591 of 2020 (Banwari Lal and another Vs. Deputy Director of Consolidation and 5 others). The order impugned is in violation of the order of remand. It is, in particular, argued that the rights claimed by the respondents which have been accepted by the Deputy Director of Consolidation are based on a sale deed dated 15.12.1954, on the foot of which, no rights were claimed during the first round of consolidation. These rights have now been asserted. It is argued that the claim is barred by Section 49 of U.P. C.H. Act.

Admit.

Issue notice.

Notice on behalf of respondent nos. 1 and 2 is accepted by Mr. Girijesh Kumar Tripathi, learned Additional Chief Standing Counsel, whereas that on behalf of respondent No.4, by Mr. Pankaj Kumar Tyagi, Advocate. Both the learned counsel for the respondents are granted two weeks time to file a counter affidavit.